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HomeMy WebLinkAboutPC Res 15-04 - 2015-02-17 RESOLUTION NO. 15-4 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 14-8 PERMITTING THE SERVICE OF BEER AND WINE AND ESTABLISHMENT OF AN OUTDOOR DINING AND SEATING AREA AT AN EXISTING RESTAURANT AT 981 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On February 17, 2015, Larry Drum submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 14-8 for the servicing of beer and wine and the establishment of an outdoor dining and seating area at an existing restaurant within an existing commercial shopping center, at 981 Pacific Coast Highway (the "subject property"), which is located in the Service Commercial (SC) Zone. Section 2. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15303(c) conversion of a small structure to a restaurant of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on February 17, 2015 to consider the application for CUP 14-8. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site is within the Seal Beach Center located at the north east corner of Pacific Coast Highway and Bolsa Avenue. The site consists of 3 parcels totaling 345,004 square-feet (7.92 acres) with over 100,000 square feet of mixed retail and restaurant uses. The subject property has a 950 square foot detached building with a drive through. The subject site is surrounded by residential uses to the north and east, while there are commercial uses to the west and south. The subject property is located in the Service Commercial (SC) zone. B. The proposed outdoor alterations include removal of an existing drive through lane to establish a 576 square feet outdoor dining and seating area on the north side of the building. In addition to the alterations, the proposal includes permitting the service of beer and wine with a Type 41 ABC license at an existing restaurant. The interior improvements will establish -the branding decor of-the restaurant. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of 1 of 6 Resolution No. 15-4 981Pacific Coast Highway the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed exterior alterations and addition of the service of beer and wine in conjunction with a bona fide eating establishment are consistent with the General Plan. The General Plan specifies that the Service Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the limited service restaurant with an outdoor dining and seating area along with the service of beer and wine to the shopping center, the center can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Municipal Code allows the establishment of an outdoor dining and seating area with over 12 seats and the service of beer and wine at a bona fide eating establishment with approval of a Conditional Use Permit. The proposed submarine sandwich shop is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed exterior alterations and use. The removal 'of the drive through will help circulation around the proposed submarine sandwich shop and the site contains adequate parking to allow the addition of the outdoor dining and seating area. D. The location, size, design, and operating characteristics of the proposed exterior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the Service Commercial zoning area and conditions have been imposed to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The addition of the outdoor dining and seating area will not disrupt the existing character of the shopping center. The proposed hours of operation for the proposed sandwich shop will be 10:30 AM to 10:00 PM Monday through Saturday and 10:30 AM to 9:00 PM on Sunday. E. The establishment, maintenance, and operation of the proposed exterior alterations and use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed exterior alterations will require a minimal period of construction to construct the outdoor dining area and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. F. The proposed use is over 100 feet from any sensitive land uses such as residences, religious facilities, schools, libraries, public parks and playgrounds and other similar uses. The proposed sandwich shop is located near the center of the 2 of 6 Resolution No- 15-4 98 1 Pacific Coast Highway shopping center and is immediately surrounded by parking areas, drive aisles and a multi-tenant commercial building. G. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will not be any exterior music in the outdoor dining area, only normal conversations while dining. In the event that complaints are received in the future, the Planning Commission reserves the right to reconsider the operation. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 14-8 to permit the service of beer and wine with a Type 41 Alcohol License in conjunction with a proposed sandwich shop and outdoor dining within an existing commercial shopping center, at 981 Pacific Coast Highway, subject to the following conditions. 1. Conditional Use Permit 14-8 is approved to permit a sandwich shop to serve beer and wine with a Type 41 ABC license and the establishment of an outdoor dining area at 981 Pacific Coast Highway and is issued to Larry Drum for Dave's Cosmic Sub. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. In connection with the City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 4. The premises of the restaurant must be in substantial compliance with the landscape plan submitted with the application and maintained on file with the Community Development Department dated September 11, 2014 and the floor plan date stamped January 5, 2015. 5. This resolution rescinds prior resolutions 05-66 related to the drive through with outdoor seating and operation of the restaurant. 6. The hours of operation shall be 10:30 A.M. to 10:00 P.M. Monday through Saturday and 10:30 A.M. to 9:OOP.M. on Sunday. 7. No video games or similar amusements shall be permitted on the premises. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 3 of 6 Resolution No. 15-4 981 Pacific Coast Highway 9. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended to require the provisions of additional security measures. 10. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 11. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 12. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 13. Any proposed alterations or upgrades to the restaurant will require review and approval from the City of Seal Beach Planning Division. 14. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. C. There is a substantial change in the mode or character of operations of the establishment. 15. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. 16. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code to require the provision of additional security measures. 17. The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as criminal or anti-social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. 18. The establishment shall have a public telephone listing. 19. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 20. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such 'establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 21. All alcoholic beverages sold in conjunction with the on-premises licensed establishment must be consumed entirely on the premises prior to closing time. 22. An attendant will be located in the outdoor dining and seating area during business hours when customers are occupying the area. 4 of 6 Resolution No. 15-4 981Pacific Coast Highway 23. The restaurant must be maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 24. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 25. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless such uses are consistent with the license conditions imposed by the State of California Alcoholic Beverage Control. 26. The sale of alcoholic beverages for off the premises consumption shall be prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 27. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 28. Failure to comply with any of these conditions or .a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 29. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 30. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 31. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 32. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to -a written--request for extension-submitted -to the Community Development Department at least ninety days prior to such expiration date. 33. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively 'the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death 5 of 6 Resolution No. 15-4 981Padfic Coast Highway arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on February 17, 2015, by the following vote: AYES: CommissionerSO/iryi4p.1.1,CuwyninnA 1--drymi. 00c," NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steven Sloan EST:- Chairperson im Basham lk Planning Ulm mission Secretary 6 of 6